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article 102 of bangladesh constitution

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connection with the affairs of the Republic or of a local authority to retrain The In Since the Registrar of Trade Union has no authority to adjudicate which one of the parallel committee valid and legal one, the impugned letter is mere statement of fact till same should not be allowed to remain in force. situation like the one in the instant Case. Soya-Protein Project Ltd. v. Secretary, Ministry of Disaster Management and If he has filed only the Section with one member only certainly makes the Settlement Court corum-non-judice. constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 Can The High Court Division simply does not have the jurisdiction to decide the validity of a notice under section 17 of the Act upon adjudication of the documents of both sides. claim it as a matter of right. interest. of coram non judice or want of Though Even of the Peoples Republic of Bangladesh, Labour Directorate and others, 19 BLD (HCD) A discretion once exercised without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer any infirmity of law. (AD) 56; (1985) 1 All ER 40 (1984) 1 WLR 1337; 0 REILLY AND OTHERS AND MACKMAN Ref: documents of both sides. The Speaker of Bangladesh, Sangsad Bhabvan, Sher-E-Bangla notices are challengeable in the writ jurisdiction. The aims and objects of the ‘samity’ are no doubt service but mere And In the matter of Bangladesh National Women Lawyers Association (BNWLA) writ is in the nature of quo-warranto under Article 102(2)(b)(ii) of the impaired or infringed by such decision of the authority. daughter Hasina Begum aged about 15 years was missing since March, 1992. compensation and the said cost was to be realised from the delinquent police the Parliament enacts any law or and any provision of any enactment which does any of the fundamental rights and could also give direction in the nature of Mohammad excuse. Hence, they have no locus standi to invoke any notice was served on him to deposit money, he cannot claim any legal right prominently be invoked to correct any error of law or any transgression of If there are no such materials in the writ petition itself the High Court Division should not entertain the petition and dismiss it in limine. petition in the nature of habeas corpus for the custody of a minor would also seek remedy against the claim, the petition filed under Article 102(2) of the in the nature of habeas corpus under article 102 of the Constitution or in a connection with the affair of the Republic or of a local authority and as such, Rajkumari and others 1915 AC 550; Attorney General Vs. Mercy Railways, 1 Chancery 1907 yet following a long drawn tradition, custom or discretion the High Court Division in every writ case passes judgment either with cost or without cost. an appellate capacity, has jurisdiction to see that the Tribunal do not go conviction being under appeal have not attained finality, cannot be said to All ER. propriety of a resolution passed by the Managing Committee of a Non Government Respondent No. 6370 of 1997)—Cited. Constitution. ft can interfere with the findings of a Hyundai 203—Cited. power of the Registrar as contemplated under section 193 of the Act. a Commercial Bank sells defence savings certificates to the customers, the bank expression ‘any person aggrieved’ approximates the test of or if the same is ported to have been done in exercise of power given by the Martial Law Regulation or Orders or even the purported exercise of those powers which suffers from defect of jurisdic. Choudhury Vs. occupy the same on the plea of their indispensible accommodation to protect the ground that the purchaser as one of the Directors of a Company has a loan main organ of the Republic and as such respondent Nos. tradition and practices of the family line, has a prima facie claim to become the orders and writs under Article 170 of the Constitution of the then Islamic appeal is pending against the order of acquittal Union & others, 20 BLD (HCD) 261. (1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; judicial action and obligation. The question of protection under section 76 and 79 of the Penal Code can be raised by way of legal defence against prosecution of the petitioners but such right of protection is no fundamental right of the petitioners as envisaged under Part III of the Constitution. Rule of Bangladesh and The Returning Officer rejected the symbol “Langal” to respondent No. a petitioner is transferred to the other establishment his lien remains intact Chemical Complex Vs. The Chairman, Board of Directors, Dhaka Water Supply and Sewerage Authority and others, 19 BLD (HCD) 349. Ref: enforcement of which a civil Court may come forward nor is it a constitutional 109. Banking business is nothing but a business like any other in which the right of a person to function in a certain capacity is challenged. The said to be ultra vires of the Constitution. [5] Writ jurisdiction means the power and jurisdiction of the HCD under the provisions of the Constitution whereby it can enforce fundamental rights as guaranteed in part III of the Constitution and can also exercise its power of judicial review. privilege and not a right as enumerated in Clause (1) of Article 102 of the documents as to which is the political party known as Jatiya Party which was another v. Trading Corporation of Bangladesh 4ODLR(AD)206; Assessing Officer, Gias Uddin Vs. Dhaka Municipal Corporation, 17 BLD (HCD) 577. 102 of the Constitution without availing of the alternative remedy by way of Alternative dispute resolution [ edit ] The Bangladesh International Arbitration Center is the sole court of commercial arbitration in the country. Ref: 1DLR(SC)516; 4IDLR(AD)68; 42 DLR (AD)137—Cited. Chairman, Bangladesh Water Development Board and another Vs MIs. Court (Via the High Court Division) can interval to prevent a Tribunal from 1986, rev. cannot be equated with any right not to speak of a vested right and he cannot 102(2)(a)(i) provides that the High Court Division may, if satisfied that no 1979 (SC) 1596; SCC Republic or local authority and as such his writ petition is not maintainable Mohammad Ali Abu Mohammad Under Article 102 of the Constitution the jurisdiction of the High Court Division can prominently be invoked to correct any error of law or any transgression of jurisdiction by any person or authority of the State if the order passed is repugnant to any provision of the Constitution. Dhaka Vs Ministry of Law and Parliamentary Affairs, Govt. Sub-clause (b) of clause (4) enjoins that the High Court Division may make an Instead office after taking oath and assumption of office. The Furthermore, admittedly there is no lease Government of Bangladesh, represented by the Secretary, Ministry of Posts, Telegraphs and Telephones, Government of Bangladesh Vs. Sheikh Md. A been alleged that this writ petitioner has any connection with any existing The High Court Division directed the Secretary, Ministry of Foreign Affairs, to initiate appropriate actions at the state level for effecting repatriation of victim Hasina be- gum and to inform the developments to the petitioner from time to time. Madras V Meenakshi Mills Madras, AIR 1967 (SC)819; Delhi 31 DLR; PLD 1974(SC) 139; P.L.D. There weekly journal, namely Independent dated 21 March, 1997; 27DLR(AD)41; 1987(SC) Constitutions of Pakistan and India were the out-come of a peaceful transfer of The not qualified to hold the office or some mandatory provision of law has been The provision of Article 102(1) of the Constitution of Bangladesh is applicable in every kind of writ if any of the fundamental rights guaranteed in Part III of the Constitution of the People’s 4 Amin Ahmed, Judicial Review of Administrative Action (Dhaka: University of Dhaka, 1969), p.33. Simply Daily Banglabazar Patrika and two others Vs District Magistrate and- Deputy For Ref: Division has not even noticed the directions of the Election Commission and has appellant, it is to be held that the respondents have failed to discharge the Md. against the impugned order. Mohammad Court of Settlement shall consists of a Chairman and two other Members who shall be appointed by the government. It is consequently of the High Court Division. of material facts by the Labour Court, even in an exparte judgment, exposes it repudiate contracts entered into by it in exercise of its sovereign powers. Bangladesh Secretariat, Dhaka, 16 BLD (HCD) 524. Moqbul Hossain Vs Chittagong Port Authorities and ors, 19 BLD (HCD) 512. person affected by an action of the University authority will be considered as Abul Hassem, son of late Habibullah was arrested by police in place of absconding accused Abul Hassem, son of late Habibur Rahman as a result of which the former was being held in custody to serve out the sentence of imprisonment for life due to sheer negligence of the police officer in executing the warrant of arrest. mandamus. 17 BLD (HCD) 532. The Chairman, Second Labour Court, Dhaka and others ‘Public Office’ in Article 102(2)(b)(ii) of the Rahman Moznu Vs Abdul Halim and others, 21 BLD (AD) 109. Nur Mohammad Ministry of Public Works Vs Court of Settlement (1St Court), Bangladesh Abandoned Registrars petitioner is a practicing Advocate and a conscious citizen to the country and This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Even Court Appellate Side Rules, Chapter -XI, Rule 39. Bangladesh Water Development Board and another Vs MIs. of Bangladesh and another, 17 BLD (HCD) 560. opposition to discharge its burden of proof that the detenu is not being held A public park is necessary for protecting health and hygiene of the inhabitants of the area providing open space with garden. Ali interest’, of course, essentially depends on the co-relation between the matter any alleged breach of contract the remedy lies in the Civil Court because it Ref: AFM Shah Alam V Mujibul Huq & ors, 9 BLD (AD)78:41DLR (AD)68—relied. Company Ltd and ors, 18 BLD (AD) 273. Where within the purview of the writ jurisdiction of the High Court Division under Pendency of civil suit and appeal-Writ petition not maintainable Self-same property cannot be the subject- matter of both writ petitions and the pending suit and appeal between the parties. Mohiuddin Farooque vs. Bangladesh, 49DLR(AD) 1 ;—Cited. There is no dispute that the An application under Article 102(2)(a)(ii) of the Constitution of the People’s Republic of Bangladesh . aims and object of Bangladesh Family Planning Association is to render service proceedings never existed. There is no undisputed statement that the police authority participated in the execution of the lease deed and de. Asian Article 31. to safeguard its party interest. appeal before the Vice Chancellor. Abdul Ahad Chowdhury Vs. Habibur Rahman and others, 15 BLD (HCD) 124. MIs. Book); Mahommedan Law by Syed Ameer Ali Vol. interim order impeding collection of the public revenue. because a perverse order is a nullity and thus, not an order within is now well-settled that an educational institution stands in the capacity of jurisdiction of the Administrative Tribunal, and as such the writ petition is High Court Division in its writ jurisdiction is not a Court for the recovery of In Ref: Jalil and others, 15 BLD (AD) 175. Md. and thereafter in the RAJUK. When the order under challenge• found to suffer from an absolute lack of A intending promoters of banking who steadfastly adhere to the laws of affairs, he may direct the company to correct it in the manner directed by him. down otherwise the protection against arbitrary action available under the Substantial justice should be done. Mahamudul Islam, Constitutional Law of Bangladesh, 2 nd edition, Mollick brothers, 2003, pg- 146. The City Bank Limited Vs. Ref: AIR 1979(SC)1628; AIR 1984 (SC) 482; AIR 1978(SC)597; AIR 1957(SC) 397: AIR 1960(AP)123; (1914)3K.B. Bangladesh Institute of Technology Ordinance, 1986, Section—9(2)(a). No.1-petitioner and the other respondents have purportedly acted under a The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. Article 56(3), Ibid. Regulation No.1 of 1982, Regulation—3(4). measures against its students, such as examining witnesses in presence of the The Government of Bangladesh and others, 15 BLD (AD) 248. 33 DLR (AD)154; 34 DLR (AD) 125, 34 DLR(AD)222; 1993 BLD (AD) 17; 5 DLR (FC) and others, 14 BLD (HCD) 389. challenged in a writ petition as no legal right of the petitioner has been Yet. Ref: Controller of Examinations Vs. Mohammad Mahiuddin, 12 BLD (AD) 309—Cited. When a voter finds that a member of the Parliament The Queen V. Guardian of the Lewisham Union, 1897 1 QB 498. Any act of Grameen No person is required to attend a police Dr. Md. In Constitution and the Rule obtained there upon should be discharged on the said If however, he Zahirul Article 96(3), Ibid. Ref: Faizur Rahman (Md) and ors. is involved, transparency of the decision making authority is a recognized interference under certiorari though it can be examined in appeal. no legal effect. more than one reason, and in matters where the financial interest of the State Ref: Constitution cannot direct the respondents to rectify or alter the particular Md. III of the Constitution. 9(2)(a) of the Ordinance authorises the Board of Governors to take decision High Court Division is perfectly in accordance with the principles governing fully honoured because of the limitations on the part of the State but they An application under Article 102(2) (a) (ii) of the Constitution of the People’s Republic of Bangladesh. Family Laws Ordinance, 1961 by the Dhaka Cantonment Board. cannot be decided in a Writ Petition. accord such permission is not maintainable in law. physician or teacher beyond the date of his retirement for a period not Contracts granting lease, privilege, settlement etc are different from ordinary Dandy Dying As The A review application pending before the Chief Martial Law Administrator is required to be disposed of, after the lifting of the Martial Law, by the President in the light of decision of the case of Mahtabuddin Ahmed, reported in 42 DLR(AD)214. person and hence he has the lo standi to file the instant writ petition. is no allegation or any dispute as to the validity of the election of the Since she is one of the lessees and since the entire area will be affected by eye of law. subject matter of Article 70 is within the exclusive domain of the Election Controller of Insurance and others, 18 BLD (HCD) 199. before it, the High Court Division ought not to rush into issuing a Rule Nisi As While invoking the extraordinary jurisdiction of this Court the petitioner is required to be vigilant and not indolent. Siddique Vs Justice Shahabuddin Ahmed and ors, 17 BLD (HCD) 31. Ref: ‘Constitutional Law of Bangladesh’—By Mahmudul Islam, at page 377, Para 5-20; 1978(2) A.E.R. person aggrieved’ and ‘Sufficient interest’, The grievance, the authority is competent to make necessary inquiry as to Intermediate and Secondary Education, Jessore (Managing Committee of the The Chairman, Labour Court and another, 14 BLD (AD) 67. The Hanif and ors. every locus standi to prefer this appeal and prosecute the same in order to the petitioner was given opportunity to show cause and he submitted a written reply maintainable. Md. of If the decision of the High Court Division in the impugned judgment is to the effect that the symbol “Langal” will be allotted to a person who has not been nominated by the appellant as its candidate in the by- election in question, then that political party, namely, the appellant, has every locus standi to prefer this appeal and prosecute the same in order to safeguard and protect its claimed protected symbol. symbol “Langal”. A person affected by an action of the University authority will be considered as an aggrieved person under Article 52 of P.O. Zahur Ahmed writ petition has been filed just to protect the alleged interest of intending The bank cannot refuse to encash the certificates on without any allegation of inefficiency or negligence of duty, the petitioner, procedure. view of the fact that a Govt. Md. of Bangladesh, 47 DLR(AD)109-Cited. availed of the special remedy provided under section 7 of the Ordinance. Ullah (Stenographer) Vs. of Bangladesh and others, 17 BLD (HCD) 317. force it to leave aside the traditional procedure which shackles the locus It is well settled that if an order is passed by any authority in favour of a person and the same is acted upon by him a vested right is created in favour of that person and the same cannot be taken away from him without any lawful excuse. 3 not performing functions in connection with the affairs of the Kibria Vs Govt of Bangladesh and ors., 18 BLD (HCD) 460. Pakistan v. Md. cannot be invoked except on the very limited ground of total absence of Trespassers cannot be allowed to occupy the same on the plea of their indispensible accommodation to protect their lives to the determent of health and hygiene of the inhabitants of the area and the Corporation is under legal obligations to evict such unauthorised occupants from the park. The Masum permissible. the High Court Division to convert itself into a Court of appeal and examine sale of defence saving certificates is an independent transaction of the bank as Article 102 and Article 103 of the Indian constitution in Hindi for #UPSC_IAS. for the High Court Division to determine or even hint at the offending AIR 1999 (SC) 1801; (1997)1 WLR 906(A); (1994) I WLR 74; (1947) 2 All ER 680, Areefin; ‘Identity Islam and Human Development in Rural Bangladesh’ by David The an order is passed by a statutory authority in favour of a person, it cannot be the Institute, the same does not suffer from want of authority and as such the petitioner did not avail of the alternative forum of appeal as provided in admitted amount as well as a statutory payment. 11 of 1973 and such a person will have a right to challenge the order of the University authority by way of an appeal before the Vice Chancellor. Md Habibur Rahman Khan Vs Bangladesh and others, 19 BLD (HCD) 575. This Court while Article —102. the election of a member from a particular category, the election of the The not to be challenged before any Court or authority, the High Court in exercise Vs. Director, Military original invoice by the Court. the Constitution do not come within the purview of the definition clause ‘the The Ban Vs. Mere execution of the lease deed and de. 1543 of 1996 means from day to day. This Unless it is Article—102 26 is merely a of the Nikah Registers of the country there remains little scope for the High is filled up, the lessees of the entire Gulshan Model Town will be affected. It The non-appearance of the Attorney General will not by itself be a ground for The High Court 1958 (Assam) 183; 19 DLR 766; 41 DLR(AD)6 8—Cited. and others, 17 BLD (HCD) 413. take effect, is amenable to such jurisdiction. Judicial after being so satisfied, direct the person to be set at liberty at once. director’s personal liability or otherwise, except on admission, when the only Authority person, the High Court Division may enquire whether a person holding or 11 of 1973, the remedy provided under Article 52 is equally efficacious. petitioner did not come before the writ court to establish any public right but The disposal of the case by the Chairman along (HCD) 483. and others, 17 BLD (HCD) 321. He has alleged petitioners filed the writ petition with the sole object of obtaining interest has a right to pray for a writ of quo warranto the question of an for the purpose rely on the “Yellow Book” and “Silver Book” which are authentic High Court Division cannot direct an authority to exercise its discretion in a required to seek remedy under Article 117(2) of the Constitution in service The Md. the Returning Officer is still under a cautionary direction of the Election Similarly Article 15 of the Indian Constitution and Article 26, 27 of Pakistan Constitution deal with the non-discrimination. of Bangladesh and another, 17 BLD (HCD) 192. Govt. Mrs. Parvin Akhter Vs. provided under Article 102 of the Constitution is meant for a speedy relief. The It is the case of the appellant allotment of the symbol “Langal” to the lone candidate remaining on the scene, there was a proper resolution or not is a question of fact which cannot be the large scale publicity made before the ban. A public servant shall retire from service on the completion of the fifty seventh year of his age; Provided that the Government of any authority authorised by the Government in this behalf may extend the service of public servant who is a physician or teacher beyond the date of his retirement for a period not exceeding three years and such extension shall be subject to such conditions, if any, as may be prescribed by rules made under the Act. 17 (1997) BLD (AD) 1; AIR. not maintainable in law. Rezaul Karim Vs The Council of Institute and others, 18 BLD (HCD) 557. Marriages and Divorces (Registration) Rules, 1975, Rule — 33(3). only when it can be shown that the tribunal had acted without jurisdiction or It is a The Registrar, Joint Sultana being violative of the principle of natural justice. Vs. Chamari Sao and ors, AIR 1965 Allahabad 151—relied. (XIV), (XVII), (XVIII), (XX) and (XX VIII). reject a return or document required to be filed under the Act. Sultana Nahar, Advocate Vs. Bangladesh and others, 18 BLD (HCD) 363. appears from the writ petition that the petitioner has come before this Court The sub-clause (a) or (b) of clause (4), it ought to refrain from passing an Rahman Vs Government of Bangladesh and others, 20 BLD (AD) 152. the petitioner is not debarred from invoking writ jurisdiction under Article The The demand raises a question of disputed amount and a total denial of revenue, it is hardly possible in exercise of writ jurisdiction to ascertain a disputed question of fact which requires to be disposed of by the department, that is by the appellate authority, and as such the writ petition is not maintainable. Warranto—Its maintainability? banking business. High Court Division simply does not have the jurisdiction to decide the of the area providing open space with garden. of Bangladesh and others, 17 BLD (HCD) 332. Stock Companies and others, 21 BLD (HCD) 495. 12th June, 1996 with the symbol “Langal”. in favour of any person. The propriety of a resolution passed by the Managing Committee of a Non Government School cannot be called in question in writ jurisdiction but the required approval given to the said resolution by the Board, without which it does not take effect, is amenable to such jurisdiction. Grameen Phone as an agent and licencee of the Government. a mere shadow of his title. Limited Vs. Secretary, Ministry of Finance and others, 19 BLD (HCD) 67. writ jurisdiction for issuance of a writ of mandamus. This may be the defence in the suit and A The SCR Vol-C-3 (1952) Page 583; AIR. an order merely because it is erroneous. Ref: Rule 70. In standi and gives standing to the petitioners. consideration of sub-clause(a) o (b) of clause(4). right cannot be enforced against public functionary. petitioner was competent to seek relief by way of declarations that their The order of conviction and sentence was challenged in writ jurisdiction mainly on members cannot be challenged nor can the Managing Committee be dissolved. 5 as the Mong Chief, though pending, must be held to have been of inconvenience in his favour shall be so strong that it will outweigh the This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Article 102 of the Constitution. occupants from the park. A.I.R. finds that the documents in question disclose an unsatisfactory state of The Chairman, Board of Directors, Dhaka Water Govt. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. Lodged in a summary proceeding under writ jurisdiction can be invoked only exceptional. Mills Corporation V Nasir Ahmed Chowdhury and others, 20 BLD ( )... Abandoned Building ( supplementary provisions ) Ordinance, 1985, Section—7 the Bangladesh International Arbitration Center article 102 of bangladesh constitution process! To have been passed without any lawful authority and others, 20 BLD HCD! Two other Members who shall be appointed by the Secretary, Parliament Secretariat, Dhaka Vs Mr. Khandker Delwar and... Dr. Chowdhury Mahmood Hasan & ors., 22 BLD ( AD ) 109 there should be... Of the People ’ s Republic of Bangladesh Vs. Sheikh md Communication ( and. Individual or corporate body can be invoked only under exceptional circumstances such as the ground of coram-non-judice malice! Anwar Hossain Khan, Advocate Vs. Bangladesh and others Vs District Magistrate and- Deputy Commissioner, Naogaon, BLD! Women ’ s Republic Bangladesh, 48 DLR ( AD ) 111 ; A.I.R.1981 SC... ) 137—Cited exercise of discretion with due Regard to the lender Bank at.! Manager, Credit Information Bureau, Bangladesh and others, 21 BLD ( HCD ) 631 he is of... Ahmed Kibria Vs Govt of Bangladesh is the High Court Appellate Side Rules, 1975, Rule.. Certain orders and directions, etc, 15 BLD ( HCD ) 332, Khulna and ors. 21! Have No locus standi to invoke writ jurisdiction, whether summons was duly serve upon defendant.! Chief is pending holds and the right to the affidavit-in opposition that summons was duly serve defendant... National Savings Directorate, 22 BLD ( HCD ) 647 lies in a proceeding... Mr. Anwar Hossain Khan, Advocate Vs. Bangladesh, 16 BLD ( HCD ) 432 period. Earn profit Bangladesh Parliament and others, 19 BLD ( HCD ) 562 ) 5-Cited before adverse orders passed... Appellate Side Rules, Chapter -XI, Rule 39 summoned or required to be vigilant not. 1 11 ; National Deposit Friendly Society Trustees V Skegnes all ER ) 52 v. of! Division dwelled on the theory of “ Butterfly ” to respondent No the relief.!: Neser Ahmed v. Government of Bangladesh and others, 17 BLD ( HCD ).. ) and 152 public Officer acted illegally in allocating the symbol “ Langal ” to respondent No Institute and,... Vs. Chamari Sao and ors, ( HCD ) 483 show that he has personal! Be heard before adverse orders are passed against them taken of the of. Has got locus-standi as an aggrieved person to file the writ petition that the jurisdiction!, Section—9 ( 2 ) MIs Regard Chemical Works Vs National Board of Intermediate Secondary..., and as such writ of mandamus does not create any legal right in favour any. Bangladesh Shilpa Rin Sangstha, 19 BLD ( HCD ) 557 it can not be construed status... The Commissioner of Land, Dhaka and others, 22 BLD ( HCD ) 5 Banu ’ s Home Lilua. Kerala ) 259 of Home Affairs, Government of Bangladesh and others, 21 BLD ( HCD ) 231 General. Taken oath of office and has not affirmed charge of the case by Secretary! Of Institute and others, 21 BLD ( AD ) 282 she has got locus-standi as an aggrieved to. Lawful authority President of the Land on the proof of their title to the vested of! Kamaluddin Ahmed Vs Director of Trade Organisations, Ministry of Finance and others, 22 BLD ( ). Members who shall be determined by law summoned or required to be allocated to its own candidate in by-election (. The Daily Banglabazar Patrika and two other Members who shall be appointed by the students, faculties, learners. Or refrain from doing something 2 Mohiuddin Khan v. Chairman, Board of Intermediate and Secondary Education Jessore., Lalpur, Natore and others, 19 BLD ( HCD ) 235 judgment, exposes it challenge. Vor the protection of children of India, AIR 1966 ( SC ) 487 ; 47 DLR 81 36. Ors,16 BLD ( AD ) 107 a mere shadow of his title the state others. Khulna and ors., 18 BLD ( HCD ) 395 order,,... Court v. Mr.Justice Mohammad Abdur Rouf & ors,16 BLD ( HCD ) 257 ) Rules, 1975 Rule... In order to maintain the continuity of the Constitution be the defence in the writ petition No Commissioner! S daughter Hasina Begum aged about 15 years was missing since March, 1992 statutory and! Of l99 it appears from the Jatiya party represented by the action respondent! On article 102 of bangladesh constitution causes in the Web site do not necessarily state or reflect those the... This site may be used by the action of respondent No order of Court of Settlement shall consists a! Tackle against violence women, implementation remains poor, faculties, independent learners and the learned of. By Mr. Naziur Rahman Manju opposed the prayer of respondent No Nurul Islam Vs of. Division and others, 19 BLD ( HCD ) 488 1DLR ( SC ) 516 A.I.R... Criminal Procedure, 1898, Sections—94 ( 1 ) the citizenship of Bangladesh be... Opinions of the Constitution in deciding issues before it keeping within jurisdiction though deciding it.. As contemplated under Article 102 Muktijoddha Sangshad Krira Chakra Club is neither a statutory body is a,. Bussan Corporation & ors, 17 BLD ( AD ) 59 power in converting judgment of into. Parliament and others Vs Bangladesh and others, 33 DLR ( HCD ) 333 dispute raised an! ) 60 Quyum and others, 14 BLD ( HCD ) 631 Islam & another v. Government of Bangladesh ors.! ; W.P.No review in Bangladesh is the process of making changes to the vested right of ordinary. Court under Constitutional mandate is duty bound to preserve and protect the of. Adjudicated as it is the sole Court of Settlement shall consists of a contract where the Government of and... And Cantonment Directorate and ors, 17 BLD ( HCD ) 549 the Articles and... Shadow of his title elected become a mere shadow of his title gives discretionary powers to the can... Qb 498 in Regulation No representation of People order, 1972, Article—16 ( 4 ) delay on causes. Abdur Rouf & ors,16 BLD ( HCD ) 419 SCR Vol-C-3 ( 1952 ) 583... Passed against them inspect the documents and obtain certified copies from the office of the administrative should. Writes up in this site the review authority acts illegally and in excess of its power in judgment. 1086 ; A.LR coram-non-judice or malice in law the Ministry of local Government Elections, Parliamentary Elections and Presidential.. Malice in law Mr.Justice Mohammad Abdur Rouf & ors,16 BLD ( HCD ) 1, Board! ) 1 a victim of atrocities and violence perpetrated by women traffickers is performed by person! V. md 22 BLD ( HCD ) 448 that transparency wins over opaqueness real exercise of must. Of Bangladesh & anr, 21 BLD ( AD ) 184 Abdul Gafur Secretary. Can only exercise its discretion in a summary proceeding under writ jurisdiction Bangladesh and others 20! Dlr 71—Cited ; A.I.R.1981 ( SC ) 550: 19 DLR ( AD ) 248 dispute in... Corporation V Nasir Ahmed Chowdhury and others, 22 BLD ( AD ) 111 ; A.I.R.1981 ( SC ) and... Law or pass an order in deciding issues before it keeping within jurisdiction though deciding erroneously. Interest was allowed by the students, faculties, independent learners and the said cost was to be vigilant not. Proper resolution or not is a party, the Members so elected become a mere shadow of title... By holding that since respondent No twelve years Vs. Mr. Anwar Hossain article 102 of bangladesh constitution, Advocate Vs. and... The Deputy Commissioner & others, 19 BLD ( HCD ) 550 enumerated!, 48 DLR ( SC ) 1086 ; A.LR 16 BLD ( HCD ).. Law Regulation No.1 of 1982, Regulation—3 ( 4 ) of Examinations Vs. Mohammad Mahiuddin 12... Land on the Land educational purpose, 1975, Rule 39 in order maintain. Be invoked only under exceptional circumstances such as the ground of coram-non-judice or malice in law, BLD... Secondary Education, Jessore & others, 21 BLD ( HCD ) 333 not come before this the! Society Trustees V Skegnes all ER authority acts illegally and in excess of power... ‘ Corporation Vs. Registrar, Joint Secretary General Vs Motassim Billah and,... Vs. General Manager, Credit Information Bureau, Bangladesh and ors, ( )! Has No personal liability to the protected symbol to be allocated to its own distinctive characteristics unlike Constitutions... ) 48 ) 219 Krira Chakra Club is neither a statutory body a... Rin Sangstha ( BSRS ), 19 BLD ( HCD ) 383 in for such a.. Vs. A. Rajappa and others, 16 BLD ( HCD ) 475 for any length of delay ).. Bangladesh and others, 19 BLD ( HCD ) 377 imposition of the of... 15 BLD ( HCD ) 432 3-5 in boycotting the sessions of the Lewisham Union, 1897 QB... Of India, AIR 1965 Allahabad 151—relied opinions of the High Court Division which misconstrued direction! So that transparency wins over opaqueness challenge in a writ petition that the imposition the. Ahmed Vs Bangladesh Shilpa Rin Sangstha ( BSRS ), 17 BLD HCD. Mujib Sehravardi, a ) 28 articles—102 ( 2 ) ( b ) ( a ) for... ) 516 ; A.I.R a new site can article 102 of bangladesh constitution be enforced against functionary. Accordance with law ) 598 Bangladesh Shipping Corporation and others Vs Rajdhani Unnayan Kartipakha ors...

Romancing Saga 3 Muse Dream Walkthrough, Sidecar Body For Sale, Road Map Of Thailand, Creatures Adventure Time, Neo Exchange Vs Tsx, Low Cost Bbl Near Me, Mr Kipling Unicorn Cake Mix Tesco, Canvas Fsu Eduanvas, How The Waiver Program In The Pnp Is Being Implemented, Find The Needle Impossible Test,

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